muslims? we want to know what you think the answer to that question is. go to facebook and let us know what you think. that is all the time we have l thanks for joining us we'll see you back here tomorrow night. see u tomorrow night. good night. >> the o'reilly factor is on. tonight: [gunfire] >> shots fired. subject is down. he grabbed my taser. >> another police controversy. this one in south carolina. unarmed black man shot and killed by a police officer and is captured on videotape. we will have all the facts tonight. >> so today we celebrate the magnificent glory of our risen savior. i pray that we will live up to his example. >> once again president obama finds himself caught in a christian controversy. even his anti-christian feeling in america continues to reveal itself. we have a special report on that. >> also ahead, the boston marathon bomber guilty. will the jury condemn him to death?

and, willie nelson, is he about to become a major drug dealer? caution, you are about to enter the no spin zone. the factor begins right now. ♪ ♪ hi, i'm bill o'reilly. thanks for watching us tonight. we have a full lineup for you. the boston marathon bomber found guilty of everything another unarmed man shot dead by a police officer and continuing christian controversy in america. that's the subject of this evening wants talking points memo. at a prayer breakfast yesterday president obama told the world he is disturbed by the lack of love on the part of some christians. >> on easter i do reflect on the fact that as a christian, i am supposed to love. and i have to say that sometimes when i have listened to less than loving

expressions by christians i get concerned. so today we celebrate the magnificent glory of our risen savior, i pray that we will live up to his example, i pray that i will live up to his example. i fall short so often. >> the fact is that all human beings fall short. we are all sinners. but in the political arena, it seems like president obama is more skeptical of christians than he is of muslims. that may not be true but that's what it feels like. >> islam teaches peace muslims the world over aspire to live with dignity and a sense of justice. and when it comes to america and islam, there is no us and them. there is only us. >> now, many believe that the president's christian love comments have to do with the religious freedom acts passed in indiana and 20 other states. even though the president

campaigned in 2008 opposing gay marriage, he has now changed his mind apparently believes that his once opposing point of view was intolerant. here is what his spokesman said about the indiana act. >> the signing of this bill doesn't seem like it's a step in the direction of equality and justice and liberty for all americans. and again that's not just the view of the administration. >> all right. a direct reference to gays. talking points does not understand the view of the administration. does mr. obama believe that those opposed to gay marriage are biased against gays? does he believe those who don't want public funding for abortion are are anti-women? does he believe that those who oppose the nuke deal with iran want war? if he does not' believe those things, then what's the beef? with allowing religious americans a legal remedy to state moral objections to mandated policies? what's the beef? that's what these religious

freedom laws are about. providing people of faith with an avenue of legal challenge. finally, president obama's home team committed liberal americans have been the rah gressers in demonizing those who oppose their vision. perhaps, the president might address that lack of love at his next prayer breakfast. and that's the memo. now for the top story tonight reaction, joining us from tulsa oklahoma dr. everette piper, president of oklahoma wesleyan university. as you know doctor, i have criticized the american christian leadership in general for failing to stand up for the flock. am i wrong? >> well, i don't think you are wrong, mr. o'reilly. if i could respond, i would like to give encouragement and courage to the flock, so to speak, and the leadership of the christian community. i think what you are doing by asking rhetorical questions is very wise and shrewd. for example, on the issue of tolerance should the local muslim owner of the newspaper be forced to

publish charlie hebdo car cartoons. should the catholic grocer be forced to show bread and wine for those who want to use mock youkist in the name of tolerance should these be required people of faith and people who have sincere convictions? it seems to me that forcing people to violate their conscience is more tyranny than it is of tolerance and perhaps we should call it that. it's almost like we are saying i cannot tolerate your intolerance and i hate you hateful people. it's like a dog chasing its tail. i get dizzy listening to this fallacious reasoning. i think the christian community should have confidence in calling people out with rhetorical question that lead to the definition of these terms. >> you are making a terrible mistake, doctor. you are being logical. you are being logical. [ laughter ] flush. >> forgive me. >> you can't. because this isn't about

logic. and it's not about right or wrong. this is about pressure. and the pressure is being applied from one side only. the secular progressive side with the full endorsement of the president of the united states. who used the prayer breakfast to imply that christian people are not loving if they oppose taking part in a gay wedding ceremony or funding an after pill so that a fetus may be aborted after the sexual act. public funding. so you are not loflg if you oppose that that's what the president was saying. everybody knows what he was saying. maybe he doesn't know but everybody else knows. so by your logic that's wrong. but the playing field is tilted 10 to 1 against people of faith because the media just goes up and just rips us up. and then i'm telling the religious leaders you got to fight back and they are not.

>> but the way to fight back, mr. o'reilly, is to define the terms. you just said the game is rigged. who who define the terms wins the debate. who he sets the rules wins the game. we need to reclaim the definition of words. >> who is we? >> the christian community. >> you are on this program. we called the national council of bishops, represents all the bishops of the united states. we couldn't even get a call back from them. >> you got me to respond. >> i did. i respect you and there were other clerics on this program. father jonathan martin roman catholic priest. he works for us. he has been on. but the big clerics are mia. so the folks, the people of faith are sitting there going we're not happy being attacked and demonized but who is sticking up to us? do you know how many letters i got saying that, doctor? >> i know you got a few because i was copied on some of them. again i'm going to repeat my point and this is very important, mr. o'reilly. jesus himself decided to confront ideas by asking

retorque call questions. who is without sin throw the first stone. why do you call me lord? which one of you is without sin? he asked these questions to force people to define their terms. the christian leadership in this country can win this debate by forcing people to define the terms. >> but they are afraid. >> tolerance. >> they're afraid. >> stop and think about this debate over tolerance. our president has conflated desks again. he has caused confusion rather than brought clarity. he has equated tolerance with love and love with tolerance on valentine's day did you send your wife a card that said honey, i really tolerate you? i surely hope not because that would be an insult. tolerance is nothing but saying i don't care how are what you do, where you go, or what you believe, i will tolerate you. the christian leadership can elevate this ethic, this conversation this debate by reclaiming love. love is more powerful than tolerance. love says i care deeply. tolerance says i care nothing at all. it's the definition of these

words that allows us to engage in the courthouse and in the town square with confidence rather than cowering in the corner and letting someone else define the language that we then need to react to. >> but you must have the leadership that's going to take that philosophy that you've just defined to the opposition, and you don't have it in america now. that's why the secular progressives have made so many gains and have changed this country in the last two decades because the leadership on the faith-based side has not stood up. we appreciate you coming in here, doctor. thank you very much. very enlightening tonight. next on the rundown, another controversial police shooting this one in south carolina, another unarmed black man gunned down while fleeing a police officer. viewer warning the video is very disturbing here. later is willie nelson becoming a major drug dealer? dennis wilson will handle that the factor is coming right back. constipated?

.yea dulcolax tablets can cause cramps but not phillips. it has magnesium and works more naturally than stimulant laxatives. for gentle cramp free relief of occasional constipation that works! mmm mmm live the regular life.

good. very good. you see something moving off the shelves and your first thought is to investigate the company. you are type e*. yes, investment opportunities can be anywhere... or not. but you know the difference. e*trade's bar code scanner. shorten the distance between intuition and action. e*trade opportunity is everywhere.

impact segment tonight. another terrible police shooting in america. south carolina this time. viewer warning there is some disturbing video coming up. 33-year-old north charleston police officer michael slager being held without bail tonight charged with murdering a fleeing subject on saturday. man 50-year-old walter scott had been broken for a broken taillight. apparently he panicked because he had some child support issues. he had been arrested 10 times prior. mr. scott ran from officer slager and what happened next was captured on videotape. [gunfire] >> shots fired. subject is down. he grabbed my taser.

>> shots fired. he grabbed his taser. subject is down. at 9:38. put your hands behind your back. >> this morning in north charleston, there was a protest. >> black lives matter. black lives matter. black lives matter. black lives matter. >> unarmed men are going killed with no retribution. >> video? >> >> what would have happened if that video didn't surface >> another mike brown. >> with us dr. metzer who taught courses at georgetown university. how do you assess the situation, doctor. i think it's a horrible situation. absolutely no excuse for what occurred but let's not use this incident to further

inflame racial tensions the way that we have done in past incidences. we know when you have such a large police force you, of course, are going to have people who are not going to follow the rules. and you deal with them. but, in this particular case i think it's very important to understand each of these police shootings are certainly different from the other one. >> but, you know, some people are never going to see it that way. what struck me as, when we are doing research for this story police shootings have fallen 70%. police shootings of black americans 70% in the last 40 or 50 years so they are way way down. in 2012, last stats available, 123 blacks were killed by police. 326 whites were killed. so there doesn't seem to be as some people would have you believe that police are trying to hunt down young black men and take their lives. however, there is no excuse

for what that officer in south carolina did. broken taillight. you have the guys car. you know who he is. >> absolutely. >> you don't take his life. even if he tried to grab your taser which obviously in the videotape, you know, the guy was so far away that he wasn't a threat to the officer at that point. >> correct. >> so, you have to chalk it up to the man, the police officer you are seeing, allegedly, and i believe he will be convicted committed a crime and let the system play out. he is being held without bail as i mentioned. but there are people who are not going to let theself play out. they will condemn the system. what do you, doctor, say to those people? >> to those people i say condemning the system is not the issue. as you have just correctly indicated, there has been a decline. you deal with this as you would with every other crime. one person at a time. >> okay. i think that's logical.

you take each crime and put it into whatever context this justice system can provide. but isn't it true that because of america's racial history, beginning with the abuse of blacks in the slave trade that a lot of african-americans believe the deck is stacked against them and things like this just reinforce that belief. >> well, that is correct. a lot of african-americans do believe that the deck is stacked against them we, of course h jim crow laws. we had all of these horrible things. >> horrible things that have occurred. however, here is what is happening. with all of these incidences, what we are hearing is never again. what we're seeing is inflamed racial tension. and then we're not seeing any action that occurs as a result of that. you have the people, the so-called civil rights leaders, such as sharpton and others who are rushing

to the scene in a blaze of glory as it were and at the end of the day what happens? absolutely nothing happens. >> well you can't be perfect system. there are going to be bad police officers, they are going to make mistakes. and then the mistakes are going to be on national television, particularly because of the videotape and everything else. >> well, of course. i mean that's going to occur. the problem, however, is when that occurs, it needs to be dealt with in the context of a crime. this is a crime, at least from what we have seen so far, that has occurred. now also, do we know whether, in fact, that the police officer shot this guy because he is black? do we know that? >> no. not now. >> at this point we don't have -- we don't have that evidence. >> well, you know, obviously all fair-minded people will wait and see. and it looks like the system is working. the man has been arrested. >> perfect. >> he is going to be charged

with murder. >> perfect. >> he doesn't have bail right now. >> perfect. >> so, but it it just -- it's a shame, isn't it a shame? >> it is a shame. >> it really is. it besmirches a country. a country you have prospered in and i have prospered in. and i hate so see it. >> my owed to this country, period, end of discussion. >> all right, doc. we appreciate you coming. >> in my pleasure as always. >> directly ahead the boston marathon bomber found guilty but will he get the death penalty? then later the war between taco bell and mcdonald's. big money involved

my constipation and belly pain feel like a raging storm. i've tried laxatives but my symptoms keep returning. my constipation feels like a heavy weight that keeps coming back. vo: linzess can help. once-daily linzess treats adults with ibs with constipation or chronic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. linzess helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe stop taking linzess and call your doctor right away. other side effects include, gas, stomach-area pain and swelling.

bottom line, ask your doctor about linzess today. new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. all to grow our economy and create jobs. see how new york can give your business the opportunity to grow at ny.gov/business

factor follow-up segment tonight, is president obama the worst chief executive in history? that's what vice president cheney said today on the radio. also the boston marathon

bomber found guilty of all 30 counts this afternoon joining us from tampa florida democrat jessica erhlick here in new york city andrea tantaros on outnumbered seen at noon. you give him the death penalty right? >> absolutely. >> no qualms about it. >> nope. >> and i know people might be thinking well that makes him a martyr and he probably would want the death penalty because then he would get his 72 virgins. i'm not really comfortable. >> you don't care about that? >> no. because with president obama, the last thing i want hearment next time america is taken hostage tsarnaev relieved. he should die. it's the best way to give the families closure without question. >> he deserves it. i don't believe in it so i always recuse myself from these discussions but he certainly deserves it. wouldn't you say he deserves it, jessica? >> it's out there on the table. so it will be very interesting to see what

happens in this next few weeks. >> if you are on the jury, do you vote for the death penalty? >> well, i haven't been able to hear the case. >> come on, jessica. you either vote for the death penalty or not. he is convicted on all 30 counts, yes or no? >> i mean, if he is convicted as he has been, and they find that there is no mitigating circumstances, then i think they should absolutely. i would rather, you know, that situation than have him, you know, being on the taxpayer dollar in a federal prison for the next 75 years. >> we agree: >> republican they string him up. >> dick cheney not a big fan of president obama. roll the tape. >> if you had somebody as president who wanted to take america down, you wanted to fundamentally weaken our position. release our past influence events. turn our back on our allies and encourage adversaries, it will look exactly like what barack obama do. i think his actions are

constitute in my mind those of the worst president we have ever had. >> all right. big article in the "wall street journal" op. ed page by henry kissinger and george schultz said go over the iran nuke deal jessica. and, you know they make some very very legitimate points that this isn't going to stop if the u.s. signs the nuke treaty. not going to stop them from getting a nuclear weapon. and, therefore saudi arabia andother arab nations will weaponize and the chaos in the middle east continues. that's what the vice president former vice president is referring to. and you say? >> well, i think that situation we are going to be facing regardless. the best thick we can do right now is actually try to get some sort of agreement and stop the process where it is. stop the funding for what's going on there, which is why we have had the sanctions. i'm very much for the sanctions. i think they have worked incredibly. that's why we are having this discussion. the sanctions have really put the screws to them. >> all right. 40 -- what is it 44 presidents, right?

where would you rank barack obama at this point? 1? 2? 44? where? cheney has got him last. >> you know, i don't think that barack obama is anywhere near the bottom. i think he is not one of my top i would say five presidents. but, you know, that's, you know. >> i think i know where andrea is going to put him. [ laughter ] >> where are you going to put him. >> the worst presidential nod in my opinion. >> who is the worst? >> linden johnson. >> linden johnson? i thought you were going to say andrew johnson. >> for the way he mismanaged the vietnam war. secondly i would probably say carter third maybe and i know i'm going to take heat on this. on foreign policy which is what cheney meant i would say barack obama and george bush are probably tied. >> wow, george w. bush? >> yeah. you know he what? a quinnipiac poll last year reflected the same thing. >> franklin -- or james buchanan? you are ignoring me.

you are totally ignoring me. >> i would never ignore you, bill. >> i just pointed out buchanan, pierce, fill more, all worse. >> no, i don't believe so. not in my opinion. >> i don't disagree with andrea 100% i have to say. >> johnson and carter? you agree on johnson and carter for 1 and 2? >> no, i don't. i don't. but i think in terms of foreign policy i'm not 1100% on page with the president. and i hopefully hopefully, because i believe so much in our country and where we are going and hopefully where it continues to go that we don't have a legacy left from bush and obama that leaves us in a worse place than we are. >> the next president is going to have a big mess to it clean up overseas. there is no doubt about that i think president obama's foreign policy is a disaster. trust me when i tell you that james buchanan is the worst president this country, have you ever seen the man's hair? >> that's not what the poll

asked bill. >> worst hair? >> buchanon was the worst. lincoln came in and you wouldn't believe what was going on. >> not fair. some guys wore wigs. >> willie nelson about to become a major drug pusher. looks like it. miller is going to take that one. and mcdonald's taco bell fast food war oh i'm on the cookie air diet. you just... and that's it. i prefer real food fruit, nuts, and whole grains. great grains cereal starts whole and stays whole. more processed flakes look nothing like natural grains. let's get real.

jeff... hey, scott! this is no time for lollygaggin', lad. but we love lollygaggin'. we do. but it's a battlefield out there! you know the chickweed is surrounding yer sidewalk and the dandelions are stealing precious nutrients! now's the time to send in the scotts turf builder weed and feed, man! it kills weeds while it feeds and strengthens your grass. that sounds easy. get scotts turf builder weed and feed. it's guaranteed. feed your lawn. feed it! and to clean your outdoor space without harming your grass get scotts new outdoor cleaner plus oxiclean.

all these networks keep making different claims. it gets confusing. fastest, the strongest the most in-your-face-est. it sounds like some weird multiple choice test. yea, but do i pick a, b, or c. for me it's all of the above. i pick, like the best of everything. verizon. i didn't. i picked a. maybe c. and how'd that work out for you? not so well. can i get a do-over? why settle for less when you can have, well, everything. and get 2 lines for $100. verizon.

truth serum segment tonight spying on you, also congress versus president obama with us here in the city eric shawn. here he is and from washington shannon bream. both fox news correspondent. so shannon, big question: can president obama override sanctions against iran that have been approved by congress? can he take his little pin and do an executive order and override what congress has done? >> bill, in many cases he can. but in most cases it can only be temporary. when you go back and look through all the levels of sanctions that congress has enacted over decades regarding iran. there is a lot there and for most of them the president can temporarily lift them. they can't be permanently repealed without congress' input. there are few areas where it offer him he can't do a waiver. >> that's how they got the iranians to the table in the first place. we relaxed some of the sanctions on them. when you say temporarily, what does that mean? i guess it means until he

leaves office, right? >> well, in many of these cases it says as long as the president feels it's in the national interest and of course he can make that argument for a couple of more years i would assess based on the negotiations they have had so far with iran. i talked to a g.o.p. senator today and said how do you plan to handle this? he said we have no idea what the house is planning to do with regard to any sanctions and we're not sure they do, either. >> well, it is confusing but next week apparently the senate is going to do something to tell the president look, we're not going to stand by while you just unilaterally approve a nuke deal. we need to be involved here. if the president does cooperate, then you are going to see congress go after him. this could become a big constitutional crisis here i think. >> it could. and there is bipartisan support for pushing back against the president as you well know on this iran deal. >> chucky schumer here in new york. he doesn't like this deal at all. >> yeah, bob menendez.

so we will see. they are working on trying to get a vito-proof majority. >> we will see. just wrapping up. the president does have the authority to temporarily lift what congress has imposed. now diswrnchts almost all of it. >> big article today that nobody read because this is so boring. but it's important that says the feds have been spying on you, sean, and me and everybody shannon in washington. like crazy and nobody is doing anything about it what's the story? >> right here in the "u.s.a. today." the front page and then they go in the backs. everyone should read this. >> before 9/11. >> amazing article. basically make the phone call overseas in the last 200 years they got your number. >> billions of phone calls millions of americans, it started off at the end of the george h.w. bush administration. it was a dea drug enforcement administration program to target the drug cartels so they would go after drug countries like columbia, afghanistan. they used to go after specific numbers.

but, back then, and through four administrations they got almost everybody's number. >> if you actually made a call overseas. chances are the government has your number and those where you call. >> yeah. it would be be not the content of the call but when you call. >> can't be listening to everybody. >> yes. >> why is that important? why do i care whether if i called lenny and squiggy personal friends who have been exiled to poland and i call. what do i care whether the dea knows about it. >> none of the government's business. >> that's true but i don't care. >> you may not care but it's government intrusion. human rights watch suing the dea over this for example. this went on through 116 countries. >> so it's more theoretical. you shouldn't be doing it than we spied on anybody illegally. >> the government basically needs probable cause in most legal issues. and in this type of case there is no probable cause that bill is calling somebody in poland. >> all right. >> but they say they deleted all a the information. >> going down hill rapidly

has a good article so everybody should check it out. guys, when we come right back, it will be miller time. is willie nelson about to become a big drug pusher and will robots soon be in your house? miller is next. take these out... ...to put in dr. scholl's active series insoles. they help reduce wear and tear on my legs, becuase they have triple zone protection. ... and reduce shock by 40%. so i feel like i'm ready to take on anything. [announcer:] what if one stalk of broccoli could protect you from cancer? what if one push up could prevent heart disease? [man grunts] one wishful thinking, right? but there is one step you can take to help prevent another serious disease-

pneumococcal pneumonia. one dose of the prevnar 13® vaccine can help protect you ... from pneumococcal pneumonia, an illness that can cause coughing, chest pain difficulty breathing and may even put you in the hospital. prevnar 13 ® is used in adults 50 and older to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. you should not receive prevnar 13 ® if you've had a severe allergic reaction to the vaccine or its ingredients if you have a weakened immune system, you may have a lower response to the vaccine. common side effects were pain, redness, or swelling at the injection site. limited arm movement, fatigue, head ache muscle or joint pain less appetite, chills, or rash. even if you've already been vaccinated with another pneumonia vaccine, prevnar 13® may help provide additional protection. get this one done. ask your healthcare professional about prevnar 13® today.

meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more.

thanks for staying with us, i'm bill o'reilly in the miller time segment tonight. very interesting texas. willie nelson pot business. willie's reserve in states where pot is legal. no truth to the if you use willie's product you will grow long braids and call people waylan. >> with us is dennis miller. >> what is this thing you comment on my sexuality before i go on. >> straight, as far as the drug world. you are not -- like willie. >> i can't believe he is spilling that he is worried about his phone taps -- calls being tapped call me gay on here. willie smokes a lot of dope, doesn't he? he is committed to the dope. you get the feeling if you were at malakini went scuba

diving he would put hash in the tank fill his lungs while off the reef: i got a name for the chain of stores he is eventually going to have. i would call them since it's sort of like starbucks for pot. starbucks up. i'm all starbucked up. if he goes in. you order an ounce, you can get a full nelson. half ounce is a half nelson. quarter ounce is a little willie. the guy is 8 years old i tell you this, when he gets to heaven. it's going to be little cloudier up there than it is now. i know you are not going to come out with a line of factor weed but i would encourage you to come out with a line of don't be a pinhead or pot head shirt. don't be a pinhead or a pot head. >> willie is 81 years old and he is still flying high as they say. >> yeah. i don't know why he needs that tour bus because is he

cruising like luke sky walker on his own. >> now, in the future, miller, apparently collaborative robots and we are not talking about willie nelson anymore collaborative robots, machines, okay are going to now be available so you can put them in your mansion and can i them in my humble abode and they can do stuff for us. are you down with that? >> they are just like humans 92 of the robots will be out of work. when i go out nowadays america is in such tough shape half the people behind counters act like robots. all right? it might be able -- if i could just skirt some 3 and 1 on them and get it together that might be a nice thing. you have been into staples store for office supplies lately? what? are you kidding me? like a george romero film with name tags. if there are going to be name tags more power to them. robot weed. >> willie will have a

robotic marketing plan. >> be your own hash pipe. >> here is what is going to happen. when you get the robot to come to your house. number one the robot is going to start to wine -- whine about stuff. the rebottom is going to start to test

>> and by the way, there was no willie nelson product in the eggs they were just regular eggs >> if the world is as screwed up then as now, jesus would have stayed behind the rock, baby. and why our kids are under achievers? could you put more effort in hiding those eggs? no wonder the kids can't get up to speed on math. they're looking for hidden eggs. look. there is a thousand of them the guy says i was trying to raise awareness. hide the eggs for god's sake.

in the future when our lord and masters, the robots take over, i hope they do away with it. >> dennis miller, everybody, and santa ana star theater don't be a pinhead show there. going to be a blast. >> taco bell versus mcdonalds. big fast food war, moments away. food war moments when eating healthy and drinking water just isn't enough to ease my constipation i trust dulcolax tablets. i take dulcolax for dependable overnight relief and in the morning i am back to myself dulcolax, designed for dependable relief "ride away" (by roy orbison begins to play) ♪ i ride the highway... ♪ ♪ i'm going my way... ♪

♪i leave a story untold... ♪ he just keeps sending more pictures... if you're a free-range chicken you roam free. it's what you do. if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. ♪ two wheels a turnin'... ♪

back of the book segment tonight, did you see that? featuring mcdonald's versus taco bell. very disturbing story out of orange county, california 20-year-old faced 25 years in prison convicted of sexually assaulting a 3-year-old girl. but the judge in the case

mark kelly busted down the mandatory sentence to 10 years. citing cruel and unusual punishment. joining us now martha maccallum you see her 9:00 in the morning. how could a california judge bust down a maximum sentence? >> he can't. the d.a. is going to appeal this decision. >> can't, right? >> he says he absolutely doesn't have the jurisdiction to do that the law in california is that the two crimes that he was convicted of, which were sodomy and a lewd act, we are talking about a 3-year-old child here. >> jeesh. >> he says that, you know, the d.a. says he simply does not have the authority to change that sentence. he said it was cruel and unusual punishment. he says that the man was remorseful, that there was no violence or callus disregard are. >> no violence? no violence? >> it's unfathomable. >> so the judge is a loon. >> this man held his hand over the little girl's' mouth. >> when the mother was looking for the girl. >> i don't know how he can possibly say there is no callus disregard. >> this guy deserves to go for 25. that's why you have jessica's law. that's why you have mandatories and these judges have no right to do this or

the prosecutor. i think we are going to have him on the factor tomorrow is doing the right thing. >> good. >> let's change course here because we think we are going to right this wrong in california. if we don't i may have to go out there. >> let's may have to go out there. >> let's hope. big money in the fast food wars. you get the breakfast deal everybody's going for breakfast. so taco bell wants in on that breakfast money, and they're going after mcdonald's. roll the tape. >> different is bad. because happiness is eating the same breakfast. ♪ ♪ [ bell ringing ] >> where's the rest of them? >> they're coming. >> i didn't understand any of it. >> let me explain it. >> explain to me. >> very orwellian.

>> clearly. >> reminded me of the 1984 mcintosh ad also where people in black and white film trounsing in and then she came in with the sledge hammer and cracked the screen and it was the beginning of macintosh. but this was the battle over breakfast food and its designed to make people think differently about breakfast foods. >> how? they're all in some european country, right? >> some cardboard thing they're getting at the gate like "the hunger games" to appeal to the younger crowd in this ad. >> oh. >> but they're saying you have to think differently. but they're thing is not round, it's a taco biscuit with egg and cheese inside and that's going to get people coming out. >> so i didn't see the taco biscuit in the commercial, did you see it? >> yeah. it's at the end. >> you did? see, if i want breakfast i want to see the biscuit. >> did you get all the mcdonald's references? >> i don't want to see george -- i don't know why -- is that statue eating the biscuit? >> no but the people with the ronald mcdonald makeup on their

faces skb jump into a ball pit at one point. >> looks like they're in moscow in some place. >> there's ronald mcdonald. >> that's ronald mcdonald? i thought it was a serial killer. is the serial killer eating the biscuit? i don't understand any of this. i don't know what this commercial is. >> creative and effective. >> if i'm watching this commercial, i'm saying i'm not moving to russia and why are they doing what they're doing? george row, i like him, but does he eat the biscuit? >> no but big brother will make you eat the round circular thing. >> i don't understand any of that. okay. i want you to show everybody your new bling. >> really? >> martha maccallum lift it up a little bit. >> it's breakfast defector. >> no, she bought this from fifty cent. >> no, i did not. >> you did, the rapper. you look like a rapper with that. >> i think you want to borrow it. >> when i get my ears pierced i'll borrow it. >> i think you're jealous. >> on you anything looks good.

>> thank you bill. >> all right. say hello to -- for me. >> i will. >> "the factor" tip of the day, what happens after we die? i know because many of our segments have died. the tip moments away. jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen.

"the factor" tip of the day, what happens after we die in a moment. but first this coming weekend you will see both "killing jesus" and "killing patton" on best seller lists all across the country. that's because the movie "killing jesus" has propelled the book back on the list. "killing patton" is simply a phenomenon it keeps going and going and going. here's something interesting, the polish edition now in 17 languages around the world. movie was great but there's a lot more in the book. now the mail, melbourne,

florida. bill, krauthammer was wrong on the bergdahl trade as evidenced by the billoreilly.com poll. but you were wrong on the mercy aspect. we'll see in the trial how deranged bergdahl really is. let the evidence flow. charles said he supported the trade but i wanted to hear if he thought it was worth the five taliban commanders. charles clearly said he would have made the trade. he's a brilliant man. he knows the score card. huntington beach, california chlgt the administration's contention that bergdahl served with honor is nothing but the philosophy of everybody goatets a trophy. nashville, tennessee. bill, i dare you to do a story on the involvement of the catholic church with illegal aliens. already done it. many christians not just catholics, aid the poor no matter what their legal status. and that's a good thing. we should all be good samaritans, but we should all also demand that our political leaders institute policies that are fair to all.

jean martin, worcester, massachusetts. kirsten powers is especially obtuse diskuzing the flood of children across the border. if the rest of us don't agree with her, we must hate children. bill, please tell me why our wounded warriors are not 100% taken care of by the federal government? money, john. feds don't want to spend the money on special housing wheelchairs, other needs. that's why we the people, have to do it. bob, spokane, washington. being a fan of jesse james i always thaugs of him as a good rascal. your legends and lies trailer indicates otherwise. jesse james was a violent maniac, bob. wait until you see the real story. that's what "legends and lies" which ta bu ths coming sunday on the fox news channel 8:00 p.m. is all about. what these guys were really like. patrick murphy, tucson, arizona. bill, a costco store here has a huge and i mean huge display of

the "legends and lies" book, they must like you. well, we sell tons of books, pat. we love costco. "legends and lies," the book is physically bigger than the usual book because it's packed with pictures and maps. if you guys like the old west, you're going to love the book. finally tonight, on a subject of books, "the factor" tip of the day, what happens after we die? atheists say nothing, we're vapor. religious people believe you'll either be rewarded or you will be condemned. now, one of the best novels i have ever read is "the exorcist." he also won an academy award for the movie in 1973, he wrote the screen play for that. film was excellent as well. now, william peter blatty has written a new book called "finding peter, a true story of the hand of providence and evidence of life after death." i read the book last night. fascinating. he chronicles the death of his

19-year-old son peter from a very rare disease. the author contends that although his son died he is still an active presence here on earth. and he cites a lot of things. very interesting read. all right. "the factor" tip of the day. and that is it for us tonight. please check out the fox news factor website which is different from billoreilly.com. also we'd like you to spout off about "the factor" from anywhere in the world. o'reilly@foxnews.com. name and town if you wish to opine. word of the day, do not be nefarious when writing to "the factor." now, you know what, i get a lot of letters from kids taking the s.a.t.s and they say "the factor" word of the day puts them over the top. a lot of these words on that dopey s.a.t. test. i got 1,100 on my s.a.t.s. which means i could have gotten into the penitentiary. just north of manhattan.

wasn't a great test taker. just a logical guy. again, thanks for watching us tonight. ms. megyn is next. i'm bill o'reilly. please remember the spin stops 're definitely looking out for you. breaking tonight in the 24 hours since republican rand paul joined the race for the presidency he has taken a pounding from the press and the pundits. the question now, was it fair? welcome to "the kelly file" everyone. i'm megyn kelly. reaction came almost immediately after the first-term senator declared his candidacy in front of a roaring crowd in louisville, kentucky. first, he was criticized on his foreign policy positions. then he was accused of flip-flopping. and "the washington post" even went after the facts he used in his rollout speech. but one of the more pointed criticisms came not from the left wing media but from best-selling conservative writer and fox news contributor charles krauthammer. >> wh